VA Impeding the flow of traffic

[davidmcbeth3]

No, there wasnt a posted minimum speed limit.

The minimum is likely 45 MPH ... the 43 MPH reading is likely off somewhat, so you could argue that you were doing the limit (min. limit). You should not have talked to the police other than to comply with requests for documents. So you may have a defense here. You were not happy with the officer? I am never happy meeting an officer either . There are valid reasons for going 45 MPH on the highway (although other motorists will give you a horn honk or finger lol). What exact statue is listed ... then go to google scholar & do a search of cases referencing this statue in your home state. I think you can win.

 

[commentator]

If you are driving too slowly in the middle of the night, it is often an indicator that you are impaired. So the whole attitude of the police officer may have been due to his expectation and attempt to determine if you were impaired. Contrary to most assumptions, drunk or impaired drivers don't always fly along the highway. Many times they drive verryyeee slowwllly. So if you want to get stopped frequently, drive very slow up the deserted highway in the middle of the night.

 

[I_Got_Banned]

I can only assume that this is the code section cited here:

§ 46.2-877. Minimum speed limits.

No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
Whenever the Commonwealth Transportation Commissioner or local authorities within their respective jurisdictions determine on the basis of a traffic engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the Commissioner or such local authority may determine and declare a minimum speed limit to be set forth on signs posted on such highway below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law.​

Note that the lack of a "minimum speed limit" sign(s) means that the minimum speed requirement reverts back to the first paragraph which states that your speed shall not (MUST NOT) impede the normal and reasonable movement of traffic.

You'll also note that the code section makes no mention of the time of day/night nor is it specific to certain highways with a certain number of lanes.

My opinion has not changed... driving at 17mph under the speed limit is far from being reasonable... And it is just as dangerous and illegal as driving at 17mph OVER the maximum limit... Add in a truck that had to change lanes to get around you (assuming the officer will testify to that FACT), and your argument that you were not "impeding" is not likely to work.

But you're free to try your luck in hopes that the judge will agree with you.

i am aware of what needs to be done as not to have this issue in the future.

Taking the scenic route and staying off the interstate

An 18 wheeler needs more of a distance to safely get around another vechicle then a smaller vechicle...

The more reason why you should maintain your speed at or near the speed limit so as not to force other drivers to have to get around you!

thus there would have been no recourse to be made on my end because he made his decision to go around me was done further behind me. Also, he did not slow his rate of speed.

So you're suggesting that he has to ride your tail for a while before having to change lanes?

Also, he did not slow his rate of speed.

How do you know? Were you watching him the entire time? And if so, did it not occur to you that "maybe I should step on it a bit" (if only as a courtesy to another driver), or "maybe I should get out of his way" (because "An 18 wheeler needs more of a distance to safely change lanes...").

 

[Kaden]

Thank you everyone for your input, I would still like more advice to increase my chances of a dismissal.

I_Got_Banned, I would also like to hear what you feel can be expressed to get a dismissal. You have posed good arguments against everything I and anyone who is trying to help states.

 

[carguy31]

No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

did you impede the "normal" flow of traffic in that area?
was there a "reasonable movement of traffic"?

 

[Kaden]

did you impede the "normal" flow of traffic in that area?
was there a "reasonable movement of traffic"?

The Statute is vague and makes interpetation subjective and being that it doesnt list a minimum speed, it is up to the person to decide what that is normal or reasonable. My interpetion was different then the officers.

I would say that if it were a 1 lane road as opposed to a clear 5 lane iterestate it would have been impeding the flow of traffic, but it wasnt. Passing is a part of the normal flow of traffic as in is in the DMV drivers manual.

Also it is reasonable that the truck went around me on the clear 5 lane highway, he had choices and was not deadlocked behind me.

The DMV manual says this about driving slow on a highway:
"When driving on a multi-lane highway, stay in
the right lane if you are driving slower than the traffic around
you."

I was steady driving at 45 as it says in the DMV manual.
the DMV manual says this about being passed:
"When being passed, don’t speed up. Maintain a steady
speed or slow down."

This is what the DMV manual says about speeding:
"A speed limit is the maximum legal speed you can travel on
a road under ideal conditions. You may drive slower than the
posted speed, but it is illegal to drive any faster. By law, you
must drive slower if conditions such as road construction or
bad weather make the posted speed unsafe. It is illegal to use
a radar detector in Virginia."

When reading up on this it is more used when someone is causing a traffic jam and that definately wasnt the case here.

 

[aldaron]

OP take your chances before the judge, explain every thing that happened. Dont diss the officer in front of the judge because that part doesn't matter and will make you look foolish. In my opinion you have a good chance of getting a dismissal if your facts are correct. You can also see if the ADA will plead it down to a nonmoving violation.